[Federal Register Volume 77, Number 24 (Monday, February 6, 2012)]
[Rules and Regulations]
[Pages 5706-5709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2605]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2011-0351-201203; FRL-9627-7]


Approval and Promulgation of Implementation Plans; Georgia; 
110(a)(1) and (2) Infrastructure Requirements for the 1997 8-Hour Ozone 
National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve the State Implementation 
Plan (SIP) submission, submitted by the State of Georgia, through the 
Georgia Department of Natural Resources, Environmental Protection 
Division (EPD), as demonstrating that the State meets the state 
implementation plan (SIP) requirements of sections 110(a)(1) and (2) of 
the Clean Air Act (CAA or the Act) for the 1997 8-hour ozone national 
ambient air quality standards (NAAQS). Section 110(a) of the CAA 
requires that each state adopt and submit a SIP for the implementation, 
maintenance, and enforcement of each NAAQS promulgated by the EPA, 
which is commonly referred to as an ``infrastructure'' SIP. Georgia 
certified that the Georgia SIP contains provisions that ensure the 1997 
8-hour ozone NAAQS is implemented, enforced, and maintained in Georgia 
(hereafter referred to as ``infrastructure submission''). Georgia's 
infrastructure submission, provided to EPA on December 13, 2007, and 
clarified in a subsequent submission submitted on September 9, 2008, 
addresses all the required infrastructure elements for the 1997 8-hour 
ozone NAAQS.

DATES: Effective Date: This rule will be effective March 7, 2012.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2011-0351. All documents in the docket 
are listed on the http://www.regulations.gov web site. Although listed 
in the index, some information is not publicly available, i.e., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through http://www.regulations.gov or 
in hard copy at the Regulatory Development Section, Air Planning 
Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:30 to 4:30 excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Nacosta C. Ward, Regulatory 
Development Section, Air Planning Branch, Air, Pesticides and Toxics 
Management Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW., Atlanta, Georgia 30303-8960. The telephone number 
is (404) 562-9140. Ms. Ward can be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    Upon promulgation of a new or revised NAAQS, sections 110(a)(1) and 
(2) of the CAA require states to address basic SIP requirements, 
including emissions inventories, monitoring, and

[[Page 5707]]

modeling to assure attainment and maintenance for that new NAAQS. On 
July 18, 1997, EPA promulgated a new NAAQS for ozone based on 8-hour 
average concentrations, thus states were required to provide 
submissions to address sections 110(a)(1) and (2) of the CAA for this 
new NAAQS. Georgia provided its infrastructure submission for the 1997 
8-hour ozone NAAQS on December 13, 2007, and clarified it in a 
subsequent submission submitted on September 9, 2008. On March 27, 
2008, Georgia was among other states that received a finding of failure 
to submit because its infrastructure submission was deemed incomplete 
for element 110(a)(2)(G) for the 1997 8-hour ozone NAAQS by March 1, 
2008. See 73 FR 16205. The September 9, 2008, submission clarified that 
Georgia has the authority to implement emergency powers for the 8-hour 
ozone standard and that EPA has approved these provisions in the SIP. 
EPA has determined that Georgia's federally-approved SIP includes 
provisions which provide the State with the authority to implement 
emergency powers for the 8-hour ozone standard and thus determined that 
Georgia has satisfied the requirements for 110(a)(2)(G). On December 5, 
2011, EPA proposed to approve Georgia's December 13, 2007, and 
September 9, 2008, infrastructure submission and supplement for the 
1997 8-hour ozone NAAQS. See 76 FR 75849. A summary of the background 
for today's final action is provided below. See EPA's December 5, 2011, 
proposed rulemaking at 76 FR 75849 for more detail.
    Section 110(a) of the CAA requires states to submit SIPs to provide 
for the implementation, maintenance, and enforcement of a new or 
revised NAAQS within three years following the promulgation of such 
NAAQS, or within such shorter period as EPA may prescribe. Section 
110(a) imposes the obligation upon states to make a SIP submission to 
EPA for a new or revised NAAQS, but the contents of that submission may 
vary depending upon the facts and circumstances. In particular, the 
data and analytical tools available at the time the state develops and 
submits the SIP for a new or revised NAAQS affects the content of the 
submission. The contents of such SIP submissions may also vary 
depending upon what provisions the state's existing SIP already 
contains. In the case of the 1997 8-hour ozone NAAQS, states typically 
have met the basic program elements required in section 110(a)(2) 
through earlier SIP submissions in connection with previous ozone 
NAAQS.
    More specifically, section 110(a)(1) provides the procedural and 
timing requirements for SIPs. Section 110(a)(2) lists specific elements 
that states must meet for ``infrastructure'' SIP requirements related 
to a newly established or revised NAAQS. As already mentioned, these 
requirements include SIP infrastructure elements such as modeling, 
monitoring, and emissions inventories that are designed to assure 
attainment and maintenance of the NAAQS. The requirements that are the 
subject of this final rulemaking are listed below \1\ and in EPA's 
October 2, 2007, memorandum entitled ``Guidance on SIP Elements 
Required Under Section 110(a)(1) and (2) for the 1997 8-Hour Ozone and 
PM2.5 National Ambient Air Quality Standards.''
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    \1\ Two elements identified in section 110(a)(2) are not 
governed by the three year submission deadline of section 110(a)(1) 
because SIPs incorporating necessary local nonattainment area 
controls are not due within three years after promulgation of a new 
or revised NAAQS, but rather are due at the time the nonattainment 
area plan requirements are due pursuant to section 172. These 
requirements are: (1) Submissions required by section 110(a)(2)(C) 
to the extent that subsection refers to a permit program as required 
in part D Title I of the CAA, and (2) submissions required by 
section 110(a)(2)(I) which pertain to the nonattainment planning 
requirements of part D, Title I of the CAA. Today's final rulemaking 
does not address infrastructure elements related to section 
110(a)(2)(I) but does provide detail on how Georgia's SIP addresses 
110(a)(2)(C).
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     110(a)(2)(A): Emission limits and other control measures.
     110(a)(2)(B): Ambient air quality monitoring/data system.
     110(a)(2)(C): Program for enforcement of control 
measures.\2\
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    \2\ This rulemaking only addresses requirements for this element 
as they relate to attainment areas.
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     110(a)(2)(D): Interstate transport.\3\
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    \3\ Today's final rule does not address element 110(a)(2)(D)(i) 
(Interstate Transport) for the 1997 8-hour ozone NAAQS. Interstate 
transport requirements were formerly addressed by Georgia consistent 
with the Clean Air Interstate Rule (CAIR). On December 23, 2008, 
CAIR was remanded by the DC Circuit Court of Appeals, without 
vacatur, back to EPA. See North Carolina v. EPA, 531 F.3d 896 (DC 
Cir. 2008). Prior to this remand, EPA took final action to approve 
Georgia's SIP revision, which was submitted to comply with CAIR. See 
72 FR 57202 (October 9, 2007). In response to the remand of CAIR, 
EPA has recently finalized a new rule to address the interstate 
transport of NOx and SOx in the eastern United States. See 76 Fed. 
Reg. 48208 (August 8, 2011) (``the Transport Rule''). This rule was 
recently stayed by the DC Circuit Court of Appeals. EPA's action on 
element 110(a)(2)(D)(i) will be addressed in a separate action.
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     110(a)(2)(E): Adequate resources.
     110(a)(2)(F): Stationary source monitoring system.
     110(a)(2)(G): Emergency power.
     110(a)(2)(H): Future SIP revisions.
     110(a)(2)(I): Areas designated nonattainment and meet the 
applicable requirements of part D.\4\
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    \4\ This requirement was inadvertently omitted from EPA's 
October 2, 2007, memorandum entitled ``Guidance on SIP Elements 
Required Under Section 110(a)(1) and (2) for the 1997 8-Hour Ozone 
and PM2.5 National Ambient Air Quality Standards,'' but 
as mentioned above is not relevant to today's final rulemaking.
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     110(a)(2)(J): Consultation with government officials; 
public notification; and PSD and visibility protection.
     110(a)(2)(K): Air quality modeling/data.
     110(a)(2)(L): Permitting fees.
     110(a)(2)(M): Consultation/participation by affected local 
entities.

II. This Action

    EPA is taking final action to approve Georgia's infrastructure 
submission as demonstrating that the State meets the applicable 
requirements of sections 110(a)(1) and (2) of the CAA for the 1997 8-
hour ozone NAAQS. Section 110(a) of the CAA requires that each state 
adopt and submit a SIP for the implementation, maintenance, and 
enforcement of each NAAQS promulgated by the EPA, which is commonly 
referred to as an ``infrastructure'' SIP. Georgia, through EPD, 
certified that the Georgia SIP contains provisions that ensure the 1997 
8-hour ozone NAAQS is implemented, enforced, and maintained in Georgia. 
Additionally, EPA received no adverse comments on its December 5, 2011, 
proposed approval of Georgia's December 13, 2007, infrastructure 
submission.
    Georgia's infrastructure submission, provided to EPA on December 
13, 2007, and clarified in a subsequent submission submitted on 
September 9, 2008, addressed all the required infrastructure elements 
for the 1997 8-hour ozone NAAQS. EPA has determined that Georgia's 
December 13, 2007, and September 9, 2008 submissions are consistent 
with section 110 of the CAA.

III. Final Action

    As already described, EPD has addressed the elements of the CAA 
110(a)(1) and (2) SIP requirements pursuant to EPA's October 2, 2007, 
guidance to ensure that the 1997 8-hour ozone NAAQS are implemented, 
enforced, and maintained in Georgia. EPA is taking final action to 
approve Georgia's December 13, 2007, and September 9, 2008, submissions 
for the 1997 8-hour ozone NAAQS because these submissions are 
consistent with section 110 of the CAA.

[[Page 5708]]

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by State 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country, and EPA 
notes that it will not impose substantial direct costs on tribal 
governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by April 6, 2012 Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: January 27, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart L--Georgia

0
2. Section 52.570(e) is amended by adding and reserving entry 29, and 
adding a new entry 30, to read as follows:


Sec.  52.570  Identification of plan.

* * * * *
    (e) EPA-Approved Georgia non-regulatory provisions

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                                  Applicable
  Name of nonregulatory SIP      geographic or        State
          provision              nonattainment   submittal date/                EPA approval date
                                     area        effective date
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                                                  * * * * * * *
30. 110(a)(1) and (2)          Georgia.........      10/13/2007  2/6/2012 [Insert citation of publication].
 Infrastructure Requirements
 for the 1997 8-Hour Ozone
 National Ambient Air Quality
 Standards.
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[FR Doc. 2012-2605 Filed 2-3-12; 8:45 am]
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